Scottish Executive

Care Commission

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive what measures are in place to ensure that care workers and related staff are suitably vetted before being assigned to work with vulnerable elderly and disabled people.

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive what national standards are in place to vet care workers and whether such standards are sufficient.

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive whether current vetting procedures are sufficient for care workers who work in nursing homes and those who work in the patient's own home.

Mr Tom McCabe: The Scottish Commission for the Regulation of Care (the Care Commission) is already regulating a wide range of the services defined in Section 2 of the Regulation of Care (Scotland) Act 2001 (the Act), including care homes, support services (care at home and day care), housing support services and nurse agencies. Adult placements, some school care accommodation services and some independent health care services are not being regulated yet.

  The Regulation of Care (Requirements as to Care Services) (Scotland) Regulations 2002 (as amended) require providers of regulated services to employ only people who are fit to be employed, and make it an offence not to do so. These regulations also specify that a person who is not fit is one who is not physically and mentally fit for the purposes of the work to be undertaken; does not have the qualifications, skills and experience, or who is required to be registered with another body to perform the work but is not so registered. The Care Commission also expects providers to meet the associated National Care Standards. These standards expect providers to have in place safe recruitment practices which include taking up references, criminal record checks and cross reference to the registers of professional organisations. Care Commission inspections check that all of this is in place.

  These arrangements, and the fact that people can complain either to the provider or to the Care Commission direct about the provision of a care service, together give the Care Commission the teeth it needs to take appropriate action, including ultimately cancelling registration.

Care Commission

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive what monitoring it undertakes of the Care Commission's regulation of private care companies.

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive how it monitors the Care Commission's regulation of the quality of care offered in care homes.

Mr Tom McCabe: Ministers are responsible through a management statement and financial memorandum for setting the policy, planning and financial framework within which the Care Commission must operate, including objective and target setting. In carrying out its functions, and in accordance with the Regulation of Care (Scotland) Act 2001, the Care Commission makes no distinction between its regulation of services in the independent sector and those in the public sector. The management statement requires the Care Commission to have a corporate plan agreed with Scottish ministers setting out targets covering a three-year period. The commission is required to make the plan available to the public on request. The plan includes targets relating to key regulatory functions such as inspections and complaints. I meet the Care Commission twice a year to discuss progress, and my officials meet the senior management team on a regular basis to monitor its performance against agreed targets. A copy of the Care Commission’s annual report on its activities and accounts must be laid in Parliament. The plan for 2002-03 was laid on 16 December 2003.

Dental Health

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive what level of funding has been identified in order to meet the cost of each scheme it has introduced to improve dental health.

Mr Tom McCabe: When the Executive introduced the caries prevention scheme, targeted at six and seven years olds, in April 2001 £1.5 million was identified for payments to dentists under this scheme.

  In addition, the Executive has provided £12.8 million in practice improvement funding and £10 million in commitment payments to dentists since 2001; £2.5 million since 2003 to establish new and support existing emergency dental services; £1.5 million has been identified annually since 1997 for grants under the Scottish Dental Access Initiative; since 2002 £6 million has been identified for recruitment and retention measures. Although this funding is not directly targeted at improving dental health it will have this effect by improving access to NHS general dental services.

Environment

Ms Rosemary Byrne (South of Scotland) (SSP): To ask the Scottish Executive what prosecutions have been undertaken as a result of (a) air, (b) land or (c) water pollution incidents at the Energy, Power, Resources Ltd plant in Cardenden, Fife, since 2001 and how many such prosecutions have been successful.

Mrs Elish Angiolini QC: The Procurator Fiscal at Kirkcaldy has received no reports against Energy Power Resources Ltd relating to pollution incidents since 2001 and, consequently, no prosecutions have been raised.

Health

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive what targets it has set in respect of the number of public health consultants and specialists per head of population and what steps it is taking to ensure that such targets are met, in light of recent news reports regarding a possible shortage of public health specialists.

Malcolm Chisholm: Information held by ISD Scotland shows that 96 public health consultants were in post at September 2003 from a total establishment of 104, a vacancy rate of 7.7%.

  The route to consultant posts is through specialist registrar training. We have increased the total number of specialist registrar training posts in public health medicine from 31 to 34 over the last two years. It is projected that eight training posts will complete specialist registrar training in 2004 and a further eight in 2005. This will help to ensure an adequate supply of public health practitioners at consultant level.

  The National Workforce Committee is leading on the work force development agenda and will be assisted in this by the new Workforce Numbers Group (WoNuG). This group will for the first time look comprehensively at the health care work force, including the public health work force. It will advise the committee on work force numbers and modelling across all staff groups and make recommendations on work force size and shape in a sensible and pragmatic way.

Higher Education

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive how many Scottish students have studied at foreign universities under the Erasmus programme in each of the last five years for which figures are available.

Mr Jim Wallace: The following table shows the requested information for students from Scottish higher education institutions for each year between 1998-99 and 2002-03.

  Number of Students from Scottish HEIs Undertaking an Erasmus Study Period

  

 1998-99
 1999-2000
 2000-01
 2001-02
 2002-03


 1,235
 1,210
 1,085
 1,119
 951



  This information has been provided by the UK Socrates-Erasmus Council which coordinates the Erasmus Programme within the UK.

Justice

Marilyn Livingstone (Kirkcaldy) (Lab): To ask the Scottish Executive what steps it will take to reduce the number of women in prison.

Cathy Jamieson: The Scottish Executive is committed to reducing the number of women offenders needlessly sent to prison. We are taking forward a number of initiatives which follow up the conclusions made by the Ministerial Group on Women Offenders contained in its report, A Better Way .

  These include pilots in Glasgow and Ayrshire for the mandatory use of supervised attendance orders to help reduce the numbers imprisoned for fine default; arrest referral scheme pilots which offer access to drug treatment facilities at the point of entry to the criminal justice system; an investment of £1 million per annum in bail supervision and information schemes to provide an alternative to custodial remand; plans to pilot structured deferred sentences to provide the courts with a lower tariff disposal to help avoid escalating women offenders quickly towards short custodial sentences; the development of a women offenders programme for accreditation, and the establishment of the 218 Time Out Centre in Glasgow. The centre opened in December 2003 and offers residential and detox facilities alongside drop-in day services plus programmes to reduce reoffending and access to a range of community and health services.

  For drug misusing offenders, the broad framework of community disposals which is now in place, provides alternatives to custody and access to drug treatment at different stages in the sentencing process. Criminal justice social work services give special attention to the needs of women for these and other services.

Prison Service

Nicola Sturgeon (Glasgow) (SNP): To ask the Scottish Executive, further to the answer to question S2W-7760 by Cathy Jamieson on 7 May 2004, whether it has at any time on or after 29 January 2004 provided any insurance in respect of HM Prison Kilmarnock; whether it currently provides any insurance in respect of the prison, and, if so, whether it will give details of any such insurance.

Cathy Jamieson: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:

  The SPS has not provided and does not provide any such insurance. Kilmarnock Prison Services Limited are responsible for placing insurance cover and have done so in each year of the contract to date.

Prison Service

Nicola Sturgeon (Glasgow) (SNP): To ask the Scottish Executive, further to the answer to question S2W-7760 by Cathy Jamieson on 7 May 2004, whether it will give details of any waiver by it of the contractor’s obligation to secure insurance under Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Limited for the Design, Construction, Management and Financing of a Prison at Kilmarnock .

Cathy Jamieson: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  No waiver has been given.

Prison Service

Nicola Sturgeon (Glasgow) (SNP): To ask the Scottish Executive, further to the answer to question S2W-7760 by Cathy Jamieson on 7 May 2004, what conclusion has been reached in respect of the notice received on 29 January 2004 under paragraph 6.8 of Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Limited for the Design, Construction, Management and Financing of a Prison at Kilmarnock .

Cathy Jamieson: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  No action was necessary as Kilmarnock Prison Services Limited subsequently advised that they had obtained and placed insurance cover.

Property Ownership

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive when it will publish a draft bill in respect of the conversion of long leases.

Hugh Henry: The Scottish Law Commission hopes to publish its report on this subject by the end of 2004. It will include a draft bill.

Property Ownership

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive which local authorities maintain a Common Housing Register and whether all local authorities should be under an obligation to maintain such a register.

Mrs Mary Mulligan: There are currently four local authority areas with Common Housing Registers (Aberdeen, Edinburgh, Perth and Kinross and Renfrewshire).

  The Scottish Executive is encouraging local authorities and Registered Social Landlords to develop Common Housing Registers within each local authority area in Scotland. It has provided £3 million for a new funding programme over the period 2004-06 to facilitate this together with advice and support. Towards the end of this programme, we will review progress and consider whether there is a need to invoke powers provided by Section 8 of the Housing (Scotland) Act 2001.

Rivers

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what stretches of the River Nith are defined as "navigable waters".

Nicol Stephen: Harbour authorities derive their basic statutory powers and duties from local legislation. The relevant legislation in this case is the Nith Navigation Order Confirmation Act 1929. Duties related to navigation are specified in that legislation, as is the jurisdiction for which the harbour authority is responsible. While the act confers a range of powers and duties in connection with the maintenance and improvement of navigation on the River Nith, it does not provide a statutory definition of what stretches of the River Nith are navigable waters.

Roads

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive, further to the answer to question S2W-7282 by Mrs Mary Mulligan on 18 May 2004, what progress has been made on Dumfries and Galloway Council's application under section 75 of the Roads (Scotland) Act 1984 for construction of a public road over navigable waters in respect of the proposed footbridge over the River Nith and when a decision on the application will be made.

Nicol Stephen: Dumfries and Galloway’s application under section 75 of the Roads (Scotland) Act 1984 for construction of a public road over navigable waters in respect of the proposed footbridge over the River Nith is currently being considered.

  Before reaching a decision on this matter, the Scottish ministers must be fully aware of all the facts surrounding the case. Further information is still required and significant objections remain. It has been decided that the case should be referred to a public local inquiry. Given this, it would not be appropriate to make any comment on the timing of a decision on the scheme.

Roads

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what measures have been undertaken to improve and upgrade the A701 between Moffat and Dumfries since 1 July 1999 and what funding has been allocated to each of these measures.

Nicol Stephen: Junction improvement works have been undertaken at the A701/B7020 Buckrigg south of Beattock. The works, which included visibility improvements and widening of the carriageway from 6.7m to 7.3m to provide a wide verge on the east side of the existing embankment, were completed in June 2001 at a cost of £404,000.

  In addition, routine and structural maintenance has been carried out. Information on the nature and costs of such work is not available by route or part route.

Roads

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what measures will be undertaken to improve and upgrade the A701 between Moffat and Dumfries in each of the next five years and what funding has been, or will be, allocated to each of these measures.

Nicol Stephen: There are no current plans to undertake major schemes on this. Routine and structural maintenance will be carried out. Information on the nature and costs of such work is not available by route or part route.

Roads

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what measures have been undertaken to improve and upgrade the A7 between Langholm and the border between Scotland and England since 1 July 1999 and what funding was allocated to each of these projects.

Nicol Stephen: No major schemes have been undertaken since July 1999. Routine and structural maintenance has been carried out. Information on the nature and costs of such work is not available by route or part route.

Roads

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what measures will be undertaken to improve and upgrade the A7 between Langholm and the border between Scotland and England in each of the next five years and what funding has been, or will be, allocated to each of these measures.

Nicol Stephen: A scheme to realign approximately 3km of the A7 at Auchenrivock is in the early stages of preparation. It is too early to give commitments on funding and programme timing but, assuming that the scheme demonstrates value for money, it is likely to cost some £4 million at current prices.

  In addition, routine and structural maintenance will be carried out. Information on the nature and costs of such work is not available by route or part route.

Roads

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what measures have been undertaken to improve and upgrade the A76 between Kirkconnel and Dumfries since 1 July 1999 and what funding was allocated to each of these projects.

Nicol Stephen: No major schemes have been undertaken since July 1999. Routine and structural maintenance has been carried out. Information on the nature and costs of such work is not available by route or part route.

Roads

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what measures will be undertaken to improve and upgrade the A76 between Kirkconnel and Dumfries in each of the next five years and what funding has been, or will be, allocated to each of these measures.

Nicol Stephen: Two major schemes are currently under consideration. Options to provide guaranteed overtaking at Glenairlie on the A76 are being examined. A preferred scheme has still to be identified and it is too early in the preparation process to be definite on funding and programme timing. The likely cost of the scheme is in the region of £3.5 million at current prices.

  We have also examined a scheme between Gateside and Knockenjig. This failed to achieve value for money and attempts to develop the scheme to add value ran into difficulties over farm access arrangements. It became clear that a scheme which would be acceptable to both the Scottish Executive and landowners, and which would provide value for money, could not be achieved. A possible replacement scheme to provide overtaking opportunities between Gateside and Sanquhar is currently being investigated. Costs and programme timing have not yet been identified.

  In addition, routine and structural maintenance will be carried out. Information on the nature and costs of such work is not available by route or part route.

Schools

Colin Fox (Lothians) (SSP): To ask the Scottish Executive how many primary schools are being considered for closure in the next two years.

Peter Peacock: The pattern of school provision is the responsibility of the local authorities, subject to statutory requirements on them to consult parents and other interests where changes in provision are proposed. The Scottish Executive is not in a position to say how many schools authorities may consider for closure in the future.

Scottish Executive Procurement

Murdo Fraser (Mid Scotland and Fife) (Con): To ask the Scottish Executive what steps it is taking to ensure that all its business suppliers’ invoices are paid on time.

Mr Andy Kerr: Considerable effort is being undertaken within the Executive to ensure that all supplier invoices are processed promptly. For example, the use of the Government procurement card for low value ad hoc purchases means that suppliers who are paid by that method receive payment rapidly, as if they have been paid by credit card. The Executive is also progressively identifying and eliminating elements of invoice processing which currently delay payment of some invoices.

Scottish Executive Procurement

Murdo Fraser (Mid Scotland and Fife) (Con): To ask the Scottish Executive how much interest it (a) has paid (i) in each of the last three years and (ii) this year so far and (b) is liable for in relation to late payments of business suppliers’ invoices.

Mr Andy Kerr: No late payments have resulted in interest being added to unpaid bills over the last three years or in the current year, and the Executive is not aware of any current liability for such interest payments.

Scottish Opera

Mr Brian Monteith (Mid Scotland and Fife) (Con): To ask the Scottish Executive from which budget heading its additional funding proposals for Scottish Opera will be sourced.

Mr Frank McAveety: We will find the money through careful management of this year’s and next year’s Scottish Executive budget.

Social Work

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive what requirements are in place to ensure that care workers have undertaken appropriate training.

Euan Robson: In accordance with the regulations made under the Regulation of Care (Scotland) Act 2001 (the act), care service providers are required only to employ people who are fit. Under the regulations, employees are not considered to be fit unless they have the qualifications, skills and experience necessary for the work that the person is to perform. The Code of Practice for Social Service Workers and Employers sets out guidance on issues such as recruitment, training and development of staff. The National Care Standards also provide guidance on training for staff.

  In terms of social care, the act also established the Scottish Social Services Council (SSSC), its main purpose being to regulate the social service work force and promote its education and training. Registration of the work force will be carried out in phases and phase 1 commenced on 1 April 2003 with social workers being the first workers to register. The SSSC has published the qualifications criteria for the first two phases of registration and employers are already working to ensure that staff meet the qualifications criteria set. In recognition of the pressures on all sectors from regulation, the Executive has ensured that additional funding is available for staff training.

Social Work

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive whether it has any plans to introduce a pay scale for professional care workers with pay levels rising dependent on experience and qualifications.

Euan Robson: The Executive has no such plans. In terms of social care staff in the statutory sector, these are matters for the local authorities, the representing trade unions and for COSLA to consider.

Waste Management

Mike Pringle (Edinburgh South) (LD): To ask the Scottish Executive what measures are being taken to ensure that land is identified and set aside for the provision of new waste recycling and treatment infrastructure for the delivery of area waste plans in (a) Edinburgh and (b) Scotland in order to meet EU landfill directive waste diversion targets.

Mrs Mary Mulligan: Planning authorities provide policies and identify potential locations or areas for the waste facilities likely to be required to implement the area waste plans. They do this through their development plans.

  We wrote to all planning authorities in April 2003 instructing them to review whether their development plans accord with the area waste plan. This is being handled through the on-going review of development plans throughout Scotland.

  Where development plans have not been amended to reflect the needs identified, the area waste plans and the National Waste Strategy are material considerations carrying significant weight, which planning authorities should take into account when determining planning applications.

Young Offenders

Karen Whitefield (Airdrie and Shotts) (Lab): To ask the Scottish Executive what progress has been made on the commitment within A Partnership for a Better Scotland "to consult on a national system of warnings for young offenders with a restorative element where appropriate".

Cathy Jamieson: Following consultation with stakeholders, guidelines setting out the principles and operation of the new restorative warning system will be issued to the police on Monday 21 June. The purpose of the new system which will apply to young people between the ages of eight and 15, and 16 and 17-year-olds under supervision is:

  to provide a rapid and effective way of dealing with young offenders by bringing home to them the impact of their actions and thereby help to reduce future offending behaviour;

  to address victim concerns by ensuring that victims are fully informed throughout the process and have the opportunity, if they so wish, to tell the offender about the impact of the offence on them, and

  to help address public concerns about youth disorder and minor offences.

  Researchers (Blake Stevenson) were commissioned to identify best practice in consultation with stakeholders. This found that restorative cautions are more effective in preventing re-offending than traditional warnings; that most victims do not want to attend restorative justice conferences where the offence is relatively minor (and therefore suitable for a warning) but that victims do want the offender to be made aware of their views, and to know how he/she is dealt with. Guidance has been prepared on the basis of these findings. It focuses on cautioning (where the victim is not present) and it will form an integral part of the wider programme to develop restorative approaches, including conferencing, for dealing with the range of youth offending. This work was overseen by a multi-agency steering group.

  £410,000 has already been allocated to all Scottish forces and the police college to facilitate the roll out of training in restorative cautioning and we will provide further funding over the next two years to support the implementation of the new arrangements, which will replace the traditional senior officer warning throughout Scotland by April 2006. There will be an on-going monitoring and evaluation process to measure the impact of the new Police Restorative Warning system. A national recording system will also be put in place which will, for the first time, allow comparison across force areas.